New Jersey Improper Passing (N.J.S.A. 39:4-85)

“The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle…”
If you wish to pass a vehicle, you must do so on the left side. You also must not re-enter the lane until it is safe to do so.

If you plead guilty or are found guilty of improper passing, the Motor Vehicle Commission will assess four (4) points to your driving record. The Municipal Court will also issue a mandatory fine that you will have to pay. There is also exposure to a rare, but extremely serious penalty of up to fifteen (15) days in jail. In addition to these penalties, your insurance company can issue their own “insurance points” for their records and potentially raise your insurance rates or charge you a surcharge.